ActionSA notes with deep concern the ongoing developments in the case of Moroadi Cholota, following confirmation by her legal representative that she may consider suing the South African government over an allegedly unlawful attempt to extradite her from the United States.
This case is not merely a legal embarrassment; it is another clear sign of institutional dysfunction and a justice system in decay, paralysed by incompetence and marred by politically selective accountability.
Despite the billions spent on the Zondo Commission and the clear public expectation of justice, the National Prosecuting Authority (NPA), under Advocate Shamila Batohi, has yet to secure a single meaningful conviction against key figures implicated in state capture. With her term nearing its end, South Africans are left to ask: Where are the prosecutions? Where is justice?
ActionSA maintains that the Cholota case is far more than a legal technicality. It exposes how procedural failures, and a lack of institutional coordination can compromise justice and reinforce a system of impunity. For public confidence to be restored, these failures cannot go unaddressed.
It is important to note that while the Department of Justice and Constitutional Development (DoJCD) is the authority responsible for initiating and processing extraditions in terms of the Extradition Act 67 of 1962, the NPA, as the prosecutorial arm of the state, plays a critical role in preparing and guiding such applications. If the NPA failed to ensure that legal standards were met before the Cholota extradition request was transmitted to U.S. authorities, it too must be held accountable for this breach of due process.
This case raises urgent questions:
How did the extradition process proceed without proper legal compliance?
Why was Cholota not informed of her rights in accordance with international protocols?
What role did the NPA and SAPS play in reviewing or vetting this process before action was taken?
These are not simple administrative oversights. They are fundamental violations of legal procedure and constitutional protections.
What South Africa is witnessing is the evolution of a two-tiered justice system: one where the poor are jailed without mercy, while the politically connected evade accountability. That is the undeniable and growing pattern.
ActionSA therefore calls for:
A full and independent review of South Africa’s extradition processes, with a specific focus on the institutional accountability of the DoJCD, SAPS, and the NPA in the Cholota case.
An urgent parliamentary inquiry into the NPA’s persistent failure to act on Zondo Commission findings.
A public statement from the President clarifying his position on the future of prosecutorial leadership as Advocate Batohi’s term draws to a close.
The erosion of our justice system is not theoretical. It is happening before our eyes. South Africans deserve answers, and more than that, they deserve justice.
The Cholota Case Further Exposes the Collapse of South Africa’s Justice System
ActionSA notes with deep concern the ongoing developments in the case of Moroadi Cholota, following confirmation by her legal representative that she may consider suing the South African government over an allegedly unlawful attempt to extradite her from the United States.
This case is not merely a legal embarrassment; it is another clear sign of institutional dysfunction and a justice system in decay, paralysed by incompetence and marred by politically selective accountability.
Despite the billions spent on the Zondo Commission and the clear public expectation of justice, the National Prosecuting Authority (NPA), under Advocate Shamila Batohi, has yet to secure a single meaningful conviction against key figures implicated in state capture. With her term nearing its end, South Africans are left to ask: Where are the prosecutions? Where is justice?
ActionSA maintains that the Cholota case is far more than a legal technicality. It exposes how procedural failures, and a lack of institutional coordination can compromise justice and reinforce a system of impunity. For public confidence to be restored, these failures cannot go unaddressed.
It is important to note that while the Department of Justice and Constitutional Development (DoJCD) is the authority responsible for initiating and processing extraditions in terms of the Extradition Act 67 of 1962, the NPA, as the prosecutorial arm of the state, plays a critical role in preparing and guiding such applications. If the NPA failed to ensure that legal standards were met before the Cholota extradition request was transmitted to U.S. authorities, it too must be held accountable for this breach of due process.
This case raises urgent questions:
These are not simple administrative oversights. They are fundamental violations of legal procedure and constitutional protections.
What South Africa is witnessing is the evolution of a two-tiered justice system: one where the poor are jailed without mercy, while the politically connected evade accountability. That is the undeniable and growing pattern.
ActionSA therefore calls for:
The erosion of our justice system is not theoretical. It is happening before our eyes. South Africans deserve answers, and more than that, they deserve justice.